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Legal
You are well advised to keep an eye on the legal decision-making parameters in every business transaction. The prerequisites for this are economic know-how and in-depth industry experience. Our member companies receive the necessary legal input - individually and tailored for mechanical engineering.
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On March 20, 2023, the garnishment exemption limits 2023 according to § 850c ZPO were published in the Federal Law Gazette.
We would like to draw your attention to the new publication "Arbeitszeit" from the Düsseldorfer Schriftenreihe.
What justifies a request for information by the occupational health and safety authority?
Do breaks with standby duty count as working time or as rest time?
Freedom of contract is no justification for unequal pay for men and women.
The VDMA Legal Department invites you to an online workshop in cooperation with Osborne Clarke and BTG Legal on Business and Human Rights in India.
Trade fair postponements and cancellations could be lawful against the background of the loss of the basis of the contract, so that exhibitors are not entitled to claim damages, as a ruling by the Higher Regional Court of Frankfurt am Main shows.
EDSA provides guidance on the use of cookie banners in practice.
The EU Digital Strategy is important for the single market. The associated EU Data Act has massive implications for the entire interlinked industry business. Legal uncertainty must be avoided.
The Cyberspace Administration of China (CAC) published the C-SCC and the corresponding regulation on February 24, 2023. These will come into effect on June 1, 2023.
On 23.12.2022, amendments to the Commercial Register Ordinance (HRV) came into force, which are intended to ensure better protection of personal data in the digital commercial register.
On 20 February 2023, BMAS and BMI presented drafts of a law on the further development of skilled labor immigration and an ordinance on the further development of skilled labor immigration.
The monthly legal update for the mechanical engineering industry - exclusively for member companies
The Bundestag promulgated the Law on the Implementation of the Transformation Directive on 28.02.2023.
The following article provides a brief outline of some suggestions for dealing with trade secrets.
Competition law also applies to the labor market. As a reminder, the British competition authority published new guidance for employers.
Contractual penalties can also be effectively agreed by means of general terms and conditions. However, if they refer conceptually only to the "settlement sum" for their calculation, the net settlement sum is meant.
The Data Protection Conference has issued a statement on the data protection assessment of the possibility of access by public authorities from third countries to personal data in the EEA in the case of commissioned processing.
The German Metal and Electrical Employers' Federation (Gesamtmetall) has commissioned three expert reports on current issues relating to working time legislation.
In its meeting on 10.02.23, the Bundesrat does not approve the draft of the Whistleblower Protection Act, thus preventing the Act from coming into force.
General terms and conditions that permit remote access to devices for the purpose of impairing their use are impermissible.
Tax agreements at the expense of the employee in the case of posting abroad are permissible.
A cookie banner on a website is only effective if effective consent can be given.
In order to implement the Directive, the German legislator has made amendments to the Employee Posting Act (AEntG) - in particular with regard to remuneration and the granting of working conditions.
On 25 January 2023 the federal cabinet approved the early repeal of the SARS-CoV-2 Occupational Health and Safety Ordinance. The ordinance will expire on 2 February 2023.
Is the legal protection system of the European Patent Office constitutional?
The obligation to provide information under data protection law also covers the identity of the recipients of personal data.
In December 2022, the Federal Ministry of Labour, Social Affairs and Consumer Protection (BMAS) presented a draft bill to strengthen the promotion of training and continuing education and to introduce a period of training (Continuing Education Act).
Do employees have to be available to receive duty roster changes during their free time?
In addition to other criteria, pension proximity can also play a role in social selection in the context of termination for operational reasons.
Can employers refer the works council to webinars when offering training for cost reasons?
The adequacy decision is intended to promote secure transatlantic data flows and addresses the concerns expressed by the CJEU in the "Schrems II" ruling of July 2020.
BAFA publishes the last of the announced handouts on the Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz - LkSG) and enables the submission of third-party complaints against companies under the LkSG.
Important information for obligated companies: According to the ministries, examination of the report by BAFA will not take place until 1 June 2024. There will be no penalties for exceeding the deadline.
BMAS publishes updated FAQ on the Supply Chain Due diligence Act (Lieferkettensorgfaltspflichtengsetz - LkSG) as of 3 January 2023.
In the course of the autumn meeting of the last Conference of Ministers of Justice in November 2022, considerations were given to a future codification of company acquisitions.
Less personal data should be visible in the commercial register.
On Dec. 29, 2022, the Federal Ministry of Economy and Climate Protection (BMWK) launched the public consultation on the preparation of a comprehensive "procurement transformation package."
Sweden holds the EU Presidency until June 2023. Themes such as security and high energy prices will be the focus during this period, but it is already foreseeable that digital issues such as the Data Act will also be vigorously pursued.
At the turn of the year, a number of changes came into force in the area of labor market policy. There will also be further changes during the rest of 2023.
On 1 January 2023, and over the course of the next year, changes will come into force in the areas of old-age security, health and long-term care.
On 22 December 2022 the Federal Labor Court (BAG) issued two rulings on the issue of forfeiture of vacation in the event of long-term incapacity for work and on the statute of limitations for vacation claims.
BAFA publishes handout on risk analysis and information on LkSG in English.
On Friday, 16 December 2022, the members of the German Bundestag passed the Act for Better Protection of Whistleblowers with some amendments.
The rewrite of the SARS-CoV-2 Occupational Safety and Health Rule was voted on Dec. 16, 2022, in the Occupational Safety and Health Administration (ASTA) Committee.
The current annual report of the Legal Department for the year 2022 has been published. Member companies can download it here.
Orgalim has revised its widely known and used Terms of Delivery S 2012 ("General Conditions for the Supply of Mechanical, Electrical and Electronic Products").
On December 14, 2022, the German Cabinet approved the Ordinance on Extended Access to Short-Time Workers' Compensation.
The warning function contained in a warning by the threat of termination can lapse if nothing happens in subsequent similar violations.
Fully booked first PRESENCE exchange of experience on export control and sanctions in Linz a great success.
Our expert and focus topics
Our topics
Brexit
Covid 19 Legal Consequences
Insolvency Law
Data Sovereignty
Posting of Workers
EU Work Assignments
Work 4.0
Due Diligence Act
Antitrust Law
Patent Law
Unitary Patent
Plant Engineering
EU Posting of Workers Directive
Export Control
Foreign Trade Law
Plant Construction Law
Domestic Contract Law
Distribution Law
Trademark Law
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Events
Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.
Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.
Please note the date already today.
As soon as the agenda is fixed and the invitation has been sent out, you can register for the event.
If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.
From dealing with overtime to liability for coronavirus infections: The Erfa explains current decisions in labor law and labor market policy as well as their operational effects.
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What's new in case law and how is labor market policy currently developing?
Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.
Please note the date already today.
As soon as the agenda is fixed and the invitation has been sent out, you can register for the event.
If you would like to receive the agenda directly by e-mail and thus be informed about the registration function, please ask Ms. Struck to add you to the invitation distribution list.
Unsere Leistungen
Your contact persons in the Legal Department
for legal issues in mechanical engineering - exclusively for our member companies
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Our publications
Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
Events
The Legal Department offers seminars and events for member companies covering current topics and legal queries, some of which are held in cooperation with the German Mechanical Engineering Institute (MBI).
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.
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Annual Report of the Legal Department
The current annual report of the Legal Department for 2021 has been published. Member companies can download it here.
Working groups/Committees
